The Role Of Tort Law In Public Interest Litigation
- IJLLR Journal
- Apr 3
- 2 min read
Shivam Singh, B.A.LL.B. (2024-29) | Pro Bono AssociateSymbiosis Law School, Noida, Symbiosis International (Deemed University), Pune
Introduction
The Law of Torts and Public Interest Litigation are both important parts of the Indian legal system. Initially, one might be confused by seeing these two elements of law together. Tort law deals with the private rights of individuals, whereas Public Interest Litigation is a tool used to safeguard public interest. However, the intersection of both is not as confusing as one might think. This confusion is addressed in this research project.
This research will use the Issue, Rule, Application, Conclusion (IRAC) method to have a thorough legal analysis. The project will highlight the following issues – Can tort law, which generally deals with private wrongs, be extended to address public wrongs through PIL? How is standing (locus standi) determined in PILs, especially when the plaintiff is not directly affected but represents the public interest? How effective has tort law been in securing remedies in PIL cases?
The research will go further and identify the key rules and legal frameworks relevant to the application of tort law in PILs. The Application part will use tort law principles in PIL cases. This includes analyzing landmark cases where tort law has been used, such as those involving environmental damage, human rights violations, and public health.
Then, this research project will try to summarize the findings and highlight the significant role that tort law plays in PIL.
THE ROLE OF TORT LAW
IN PUBLIC INTEREST LITIGATION
Justice V.R. Krishna Iyer explained that Public Interest Litigation (PIL) is a way to help people get to justice and solve their problems using the courts. The idea behind PIL is to make sure that everyone, including ordinary people, can go to court if they want to get justice and need a fair solution. PIL is a mechanism which originated in the US in 1960s, and in the 1970s, the PIL movement also began in India, and this movement became powerful in the 1980s.1 Justice V.R. Krishna Iyer and Justice P.N. Bhagwati, honorable judges of the Supreme Court of India, delivered some landmark judgments which opened the door for PIL.2 As the name suggests, PIL was originated to become the voice of the people of India.
